DV 2020 AOS Only

[Sully]

Please don’t unintentionally lead people astray here. DV administrative fee payment does not accept personal check payments. The instructions are quite clear - money order or cashier’s check. There are other USCIS process that accepts personal checks or credit card use for payments. Not in the case of DV administrative fee payment.

Without confirmation from people who actually sent in this payment using their personal check and were processed, I wouldn’t recommend using a personal check in making this payment.

My bad, I was only sharing personal experience. By no means am I trying to mislead anyone. On that note, does DOS send an itemized receipt? I did not get any email regarding fee payment. I just got the sheet of detailed paper that I sent with my case number and other details stamped as "PAID" back. Email communication with KCC did confirm that I had made fee payment though, but that was additional information from something else that I asked them.

 

[Mary61]

You’ll be allowed to remain in the US if USCIS formally accepts your AOS package before your author stay expires.

I hope your J1 is not subject to a 2 year home residency requirement?

Thank you! Just two more quick questions:

1. Does USCIS have to reopen to formally accept the AOS package or can it be done remotely?

2. In the meanwhile, could I apply for an extension of the DS 2019 of my J1 visa for a couple of months to avoid to risk of overstaying, or such extension and AOS would be in conflict?

Thank you so much in advance for your help.

 

[Sm1smom]

My bad, I was only sharing personal experience. By no means am I trying to mislead anyone. On that note, does DOS send an itemized receipt? I did not get any email regarding fee payment. I just got the sheet of detailed paper that I sent with my case number and other details stamped as "PAID" back. Email communication with KCC did confirm that I had made fee payment though, but that was additional information from something else that I asked them.

The stamped sheet of paper you got back is the payment receipt. And thanks for confirming your payment using personal check was processed.

 

[Sm1smom]

Thank you! Just two more quick questions:

1. Does USCIS have to reopen to formally accept the AOS package or can it be done remotely?

2. In the meanwhile, could I apply for an extension of the DS 2019 of my J1 visa for a couple of months to avoid to risk of overstaying, or such extension and AOS would be in conflict?

Thank you so much in advance for your help.

1. USCIS is currently open for processing all non-in person services.
2. I don’t know about trying to apply for an extension with such a little time in between that and filing for AOS, plus you already have an approved waiver, I have no idea if you’ll be eligible for a new J status as a matter of fact.

 

[Mary61]

1. USCIS is currently open for processing all non-in person services.
2. I don’t know about trying to apply for an extension with such a little time in between that and filing for AOS, plus you already have an approved waiver, I have no idea if you’ll be eligible for a new J status as a matter of fact.

Thank you. My main concern is that assuming I'm able to send the complete package by the end of May, it won't be formally accepted by the date of the expiration of the J1 visa, that's the end of June, as I've no idea of their processing times. Do you think I should call and ask them?

 

[Sm1smom]

Thank you. My main concern is that assuming I'm able to send the complete package by the end of May, it won't be formally accepted by the date of the expiration of the J1 visa, that's the end of June, as I've no idea of their processing times. Do you think I should call and ask them?

Calling the USCIS 1800 for such information is a waste of time. It usually doesn’t take a month from when the AOS package gets delivered to when USCIS accepts the package. Take a look the the timeline spreadsheets to get an idea of average processing time from when a package gets sent to when it was accepted by USCIS.

 

[SusieQQQ]

Thank you! Just two more quick questions:

1. Does USCIS have to reopen to formally accept the AOS package or can it be done remotely?

2. In the meanwhile, could I apply for an extension of the DS 2019 of my J1 visa for a couple of months to avoid to risk of overstaying, or such extension and AOS would be in conflict?

Thank you so much in advance for your help.

just a note here, if by extension you mean file i539 for extension of status - apart from the fact that you will find difficulty justifying your non immigrant extension with clear immigrant intent - you do still go out of status after your i94 authorized stay ends. It is only if the extension is approved that you will retroactively have been put back in status. See this extract from the info sheet:
https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf , bottom of page 3

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.


mom, am I understanding correctly that in light of the pending status not actually being a “status”, she cannot AOS if that is the underlying situation?

fyi There is almost no way extension of status will be decided by June, they have been taking over 4 months to adjudicate this fiscal year on average, before the coronavirus issues even.

if you don’t mean via I539 and there is some other means for J visas that you stay in status - then ignore the above.

 

[skip1]

For documents that originally are not in english:
I have high school diploma that is not in English. Should it be translated by someone certified, or can I do the translation for example?
Also, if it's someone certified, can I find someone in my home country to get that done or should that be someone from USA?

Thanks

 

[Mary61]

Calling the USCIS 1800 for such information is a waste of time. It usually doesn’t take a month from when the AOS package gets delivered to when USCIS accepts the package. Take a look the the timeline spreadsheets to get an idea of average processing time from when a package gets sent to when it was accepted by USCIS.

If I understand correctly, I could make it. I'll read more carefully the timeline spreadsheets, then. Thanks a lot for your precious advice

 

[asm_dv]

Q3: In I-485 Part 1(20.a) My last port of entry was Abu-Dhabi. It has a pre-clearance facility which is considered a US port of entry. Should I write that or New York as that’s the city I arrived in US after Abu-Dhabi(no immigration at New York, that happened in Abu Dhabi).

Because if I put Abu Dhabi(AUH) then I don’t have anything to put in the field “State” just after! So keep it blank?

 

[MNA2020]

Question on I-944: for Part 3, question 9 on HH assets, the instruction says "...You may not include the net value of an automobile unless you or your household member shows that you or your household member have/has more than one automobile, and at least one automobile is not included as an asset...". Can anyone confirm that, if our household has only one car, we should not list it?

 

[alina123]

do you think receiving an IRS (Stimulus Check) will have any negative effect, as of their thoughts related to becoming a public charge ?

 

[MNA2020]

First Part:
In the new required form I-944 of Self Sufficiency the part about health insurance asks for:

"1.For each policy, a copy of each policy page showing the terms and type of coverage and individuals covered; or
2.Letter on the company letter head or other evidence from your health insurance company stating you are currently enrolled in health insurance and providing the terms and type of coverage; or"
So after talking to my insurance provider for #2 requirement they sent me a Letter of Creditable Coverage in their letter head. As all the options are "or" so that should suffice. My question:

1Q: if I submit #1 the health insurance policy page then what part of the policy coverage contract I should submit? The actual policy coverage file is almost 80 pages long!
2Q: Should I submit the only schedule of benefits section (6 pages long within the contract)?

Second Part:

The I-944 also asks for Credit Report and Score. I have submitted a request through annualcreditreport.com. and it takes more than 2 weeks and given the current situation might take longer. However, I have a paid experian account and I have downloaded all three agencies (experian, equifax, transunion) reports through experian website.

3Q: The experian website provided credit report with credit score, will that suffice as a credit report? Or does it have to be through the annualcreditreport.com website?

thanks in advance. I might have more questions as I am compiling my AOS packet this week.

Stay safe everyone

@asm_dv - have you managed to find response to your first two questions? My insurance says all information is online and there is no a summary page - I need to print for every member of the household separately...

 

[MNA2020]

My health insurance does not show an end date, its an employer sponsored health insurance. Anyone dealt with this issue? I'm gonna ask my HR tomorrow

Hi @Sully It seems I have the same issue - my employer sponsored health insurance has no expiration date and I am mandated to stay with them as long as I work for my employer. Have you managed to find a solution?

 

[rabey]

For documents that originally are not in english:
I have high school diploma that is not in English. Should it be translated by someone certified, or can I do the translation for example?
Also, if it's someone certified, can I find someone in my home country to get that done or should that be someone from USA?

Thanks

see this post,
https://forums.immigration.com/threads/dv-2019-aos-only.337772/page-49#post-2485567

 

[rabey]

Question on I-944: for Part 3, question 9 on HH assets, the instruction says "...You may not include the net value of an automobile unless you or your household member shows that you or your household member have/has more than one automobile, and at least one automobile is not included as an asset...". Can anyone confirm that, if our household has only one car, we should not list it?

you can include your automobile as an asset only if you have more than one automobile (you can include one even if you have two automobiles). So, if you only have one, then you can not include it

 

[skip1]

see this post,
https://forums.immigration.com/threads/dv-2019-aos-only.337772/page-49#post-2485567

Thank you!

 

[asm_dv]

@asm_dv - have you managed to find response to your first two questions? My insurance says all information is online and there is no a summary page - I need to print for every member of the household separately...

So if you read the requirement for health insurance proof one thing you will notice is that each option is an "Or" option. Any of those will suffice.

1. I am including my letter of creditable coverage. Check again with your insurance company and specifically ask for that. I didnt even know what it was, the call center person informed me and told me to email the customer service with the request and then they emailed me a PDF copy.

2. There is a part in I-944 that asks for "Annual total deductible" so that information should be on a table in your insurance summary. Most insurance company labels the table as "Schedule of benefits". Find those tables and print only those to attach as extra. Also you need that deductible information to fill the I-944 form anyways.
3. Last thing is you should have received a 1095-B form from your insurance company around January (not a requirement for all states) that should list all your family member including you and show that you have insurance if you are enrolled. If you have that include a copy of that.

I am attaching all 3 of the above documents.

Hope that helps. I feel what you are going through.....May is here and we are busy with last minute details before filing. Same here.

 

[DV2020SA]

do you think receiving an IRS (Stimulus Check) will have any negative effect, as of their thoughts related to becoming a public charge ?

Hi. I've been thinking about that but the thing is that we don't request for that money, so it shouldn't be considered as public charge or something similar. That's my thought..

 

[Sm1smom]

just a note here, if by extension you mean file i539 for extension of status - apart from the fact that you will find difficulty justifying your non immigrant extension with clear immigrant intent - you do still go out of status after your i94 authorized stay ends. It is only if the extension is approved that you will retroactively have been put back in status. See this extract from the info sheet:
https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf , bottom of page 3

What if I file for an extension of stay on time but USCIS doesn’t make a decision before my I–94 expires?
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied
to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after
the petition is adjudicated and USCIS decides your request for extension of nonimmigrant status. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.


mom, am I understanding correctly that in light of the pending status not actually being a “status”, she cannot AOS if that is the underlying situation?

fyi There is almost no way extension of status will be decided by June, they have been taking over 4 months to adjudicate this fiscal year on average, before the coronavirus issues even.

if you don’t mean via I539 and there is some other means for J visas that you stay in status - then ignore the above.

Yeah, It’s a complicated situation, that’s why I didn’t want to get into the discussion with the OP.